Q: What is the current view of the condominium director 8 year limit law?
C.G., Jensen Beach
A: The relevant portion of the law you mention is 718.112(2)(d)2 enacted on July 1, 2018. “A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy. However, there was great debate as to whether the law was retroactive from July 1, 2018 or prospective from that date. My opinion is that the law is prospective meaning the 8-year clock started on July 1, 2018 so prior years of service before that do not count. However, the Division of Condominiums held the opposite opinion. Just recently the Division of Condominiums reversed course again and now agrees the 8-year clock runs from July 1, 2018 forward.
Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC. T o ask questions about your issues for future columns, send your inquiry to: firstname.lastname@example.org. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.